Common use of Company Responsibilities Clause in Contracts

Company Responsibilities. Company Agrees to: A. Sell Products to Dealer in accordance with Company’s then-current terms and conditions of sale applicable to domestic Sea Ray dealers, limited warranties, and the price list published from time to time by Company, less any applicable discounts allowed by Company’s programs applicable to Dealer and consistent with the provisions of Section 5 hereof. Company shall have the right to modify its terms and conditions of sale, limited warranties, price lists and programs from time to time in its sole discretion and in compliance with the terms of this Agreement; provided, however, that Company will provide reasonable prior written notice to Dealer after the beginning of the Model Year of such modifications and that changes in the limited warranty and pricing will apply only to future retail purchases. Company will make available its current policies and programs in electronic format or in a manual or other format Company deems appropriate. Dealer should contact Company for a copy of the policies and programs if it does not have access to or did not receive a copy. B. Provide to Dealer reasonable quantities of catalogs, specification sheets, and other advertising, merchandising or promotional material to assist Dealer in the sale of Products as Company deems appropriate. C. Make available to Dealer in electronic format or otherwise reasonable quantities of parts books, warranty claim forms, order forms or procedures, maintenance and service manuals and other materials of a technical nature as Company deems appropriate. D. Furnish Dealer with written instructions and/or policies for the use of trademarks, trade names, logos and other trade designations of Company that correspond to the Products as Company deems appropriate. E. Furnish a Limited Warranty for the Products and provide warranty support and process warranty claims in accordance with Company’s warranty policy, which may be modified from time to time by Company in its sole discretion. Company shall notify Dealer of changes to Company’s warranty policy and make available current versions of its warranty policy to Dealer. F. Promote sales of the Products via the Internet and other marine related publications or by other means as Company deems appropriate. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. G. Ship parts related to the Products in accordance with Company’s policy on shipping parts. H. Accept payment for Product and credit Dealer’s account within a reasonable time. I. Furnish detailed invoices upon shipment and periodic statements thereafter, provide prompt communication regarding account status upon request, and administer credit policies in a non-discriminatory manner. J. Identify Dealer’s name and address in listing of authorized dealers on Company’s website dealer locator (if available). Company reserves the right to create, update and modify such a website locator from time to time in its sole discretion. K. Provide reasonable technical assistance and procedures for handling of technical questions of Dealer related to the Products. L. Maintain communication channels in order to receive Dealer feedback from time to time. M. Provide reasonable consultative assistance to Dealer for operational, sales and customer service support as Company deems appropriate. N. Provide reasonable supportive informational materials for new models of Products as Company deems appropriate. O. Provide owner’s manual for Products and similar materials for other components or accessories that are made available to Company. P. Supply Dealer with proper quantities of Product consistent with Sea Ray’s quality standards to allow Dealer to meet the Performance Standards set forth in Section 3.1.B. Q. Provide Dealer with two (2) seats on Sea Ray’s concept review teams to consult with Sea Ray regarding the Products and, at least annually, conduct a portfolio product review with appropriate Dealer managers.

Company Responsibilities. Company Agrees to: A. Sell Products to Dealer in accordance with Company’s then-current terms and conditions of sale applicable to domestic Sea Ray Boston Whaler dealers, limited warranties, and the price list published from time to time by Company, less any applicable discounts allowed by Company’s programs applicable to Dealer and consistent with the provisions of Section 5 hereof. Company shall have the right to modify its terms and conditions of sale, limited warranties, price lists and programs from time to time in its sole discretion and in compliance with the terms of this Agreement; provided, however, that Company will provide reasonable prior written notice to Dealer after the beginning of the Model Year of such modifications and that changes in the limited warranty and pricing will apply only to future retail purchases. Company will make available its current policies and programs in electronic format or in a manual or other format Company deems appropriate. Dealer should contact Company for a copy of the policies and programs if it does not have access to or did not receive a copy. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. B. Provide to Dealer reasonable quantities of catalogs, specification sheets, and other advertising, merchandising or promotional material to assist Dealer in the sale of Products as Company deems appropriate. C. Make available to Dealer in electronic format or otherwise reasonable quantities of parts books, warranty claim forms, order forms or procedures, maintenance and service manuals and other materials of a technical nature as Company deems appropriate. D. Furnish Dealer with written instructions and/or policies for the use of trademarks, trade names, logos and other trade designations of Company that correspond to the Products as Company deems appropriate. E. Furnish a Limited Warranty for the Products and provide warranty support and process warranty claims in accordance with Company’s warranty policy, which may be modified from time to time by Company in its sole discretion. Company shall notify Dealer of changes to Company’s warranty policy and make available current versions of its warranty policy to Dealer. F. Promote sales of the Products via the Internet and other marine related publications or by other means as Company deems appropriate. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. G. Ship parts related to the Products in accordance with Company’s policy on shipping parts. H. Accept payment for Product and credit Dealer’s account within a reasonable time. I. Furnish detailed invoices upon shipment and periodic statements thereafter, provide prompt communication regarding account status upon request, and administer credit policies in a non-discriminatory manner. J. Identify Dealer’s name and address in listing of authorized dealers on Company’s website dealer locator (if available). Company reserves the right to create, update and modify such a website locator from time to time in its sole discretion. K. Provide reasonable technical assistance and procedures for handling of technical questions of Dealer related to the Products. L. Maintain communication channels in order to receive Dealer feedback from time to time. M. Provide reasonable consultative assistance to Dealer for operational, sales and customer service support as Company deems appropriate. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. N. Provide reasonable supportive informational materials for new models of Products as Company deems appropriate. O. Provide owner’s manual for Products and similar materials for other components or accessories that are made available to Company. P. Supply Dealer with proper quantities of Product consistent with Sea RayBoston Whaler’s quality standards to allow Dealer to meet the Performance Standards set forth in Section 3.1.B. Q. Provide Dealer with two (2) seats on Sea RayBoston Whaler’s concept review teams to consult with Sea Ray Boston Whaler regarding the Products and, at least annually, conduct a portfolio product review with appropriate Dealer managers.

Company Responsibilities. Company Agrees agrees to: A. Sell Products to Dealer in accordance with Company’s 's then-current terms and conditions of sale applicable to domestic Sea Ray dealerssale, limited warranties, and the price list published from time to time by Company, less any applicable discounts allowed by Company’s 's programs applicable to Dealer and consistent with the provisions of Section 5 hereofDealer. Company shall have the right to modify its terms and conditions of sale, limited warranties, price lists and programs from time to time in its sole discretion and in compliance with the terms of this Agreement; provided, however, that Company will provide reasonable prior written notice to Dealer after the beginning of the Model Year of such modifications and that changes in the limited warranty and pricing will apply only to future retail purchases. Company will make available its current policies and programs in electronic format or in a manual or other format Company deems appropriate, including a dealer manual. Dealer should contact Company for a copy of the policies and programs if it does not have access to or did not receive a copy. B. Provide to Dealer reasonable quantities of catalogs, specification sheets, sheets and other advertising, merchandising or promotional material to assist Dealer in the sale of Products as Company deems appropriate. C. Make available to Dealer in electronic format or otherwise reasonable quantities of parts books, warranty claim forms, order forms or procedures, maintenance and service manuals and other materials of a technical nature as Company deems appropriate. D. Furnish Dealer with written instructions and/or policies for the use of trademarks, trade names, logos and other trade designations of Company that correspond to the Products as Company deems appropriate. E. Furnish a Limited Warranty for the Products and provide warranty support and process warranty claims in accordance with Company’s warranty policy, which may be modified from time to time by Company in its sole discretion. Company shall notify Dealer of changes to Company’s warranty policy and make available current versions of its warranty policy to Dealer. F. Promote sales of the Products via the Internet and other marine related publications or by other means as Company deems appropriate. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. G. Ship parts related to the Products in accordance with Company’s policy on shipping parts. H. Accept payment for Product and credit Dealer’s 's account within a reasonable time. I. Furnish detailed invoices upon shipment and periodic statements thereafter, provide prompt communication regarding account status upon request, and administer credit policies in a an impartial and non-discriminatory manner. J. Identify Dealer’s 's name and address in listing of authorized dealers on Company’s 's website dealer locator (if available). Company reserves the right to create, update and modify such a website locator from time to time in its sole discretionas Company deems appropriate. K. Provide reasonable technical assistance and procedures for handling of technical questions of Dealer related to the ProductsProducts as Company deems appropriate. L. Maintain communication channels in order to receive Dealer feedback from time to timetime as Company deems appropriate. Company shall have the right to determine how the communication channel is managed and what information shall be released. M. Provide reasonable consultative assistance to Dealer for operational, sales and customer service support as Company deems appropriate. N. Provide reasonable supportive informational materials for new models of Products as Company deems appropriate. O. Provide owner’s manual for Products and similar materials for other components or accessories that are made available to Company. P. Supply Dealer with proper quantities of Product consistent with Sea Ray’s quality standards to allow Dealer to meet the Performance Standards set forth in Section 3.1.B. Q. Provide Dealer with two (2) seats on Sea RayCompany’s concept review teams to consult with Sea Ray Company regarding the Products and, at least annually, conduct a portfolio product review with appropriate Dealer managers.